Aug242026
On August 25, 2026, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) that would impose a $103,265 fee on H-1B cap-subject petitions. The timing is not a coincidence. It comes one month after the First Circuit refused to let the government reinstate the $100,000 fee created by last September’s presidential...
I’ve been telling people this for a while now: if you own your own company and want to sponsor yourself for an H-1B through it, you do not need a board of directors. No investors. No outside corporate governance. None of it. I’ve said it enough times that people started asking me if I was...
A rule effective January 17, 2025, changed what’s possible for entrepreneurs and business owners pursuing an H-1B visa. It allows H-1B beneficiaries to self-petition even when they hold a controlling interest in the petitioning entity. For founders and beneficiary-owned businesses, that opened a real path forward. But this path comes with specific documentation requirements. This...
Just when employers thought they had a handle on the $100,000 H-1B fee, the litigation took another turn. On July 24, 2026, the First Circuit Court of Appeals declined to let the government reinstate the fee while its appeal plays out. A quick recap We’ve been tracking this fee since before it even took effect....
The New F-1 Rule Ending Duration Of Status: What It Means For Day 1 CPT By Chris Prescott, Partner, PSBP Law On July 17, 2026, DHS published a final rule eliminating “duration of status” (D/S) for F-1 students and replacing it with a fixed period of admission, capped at four years, effective September 15, 2026....
In a long-awaited decision, a federal judge has declared the Trump administration’s attempt to impose a $100k fee on certain H-1B workers to be unlawful. Last September, the immigration community was shell-shocked when the Trump administration announced a $100k fee applicable to certain H-1B workers. Practitioners, employers, and employees initially scrambled to understand what the...
H-1B Wage Compliance, Benching, Unpaid Leave and the Cost of Getting It Wrong By Chris Prescott | PSBP Law | April 29, 2026 Most companies that sponsor H-1B workers think of the Labor Condition Application (“LCA”) as a piece of paperwork. They sign it, post it, file it with USCIS, and move on. Then a...
What Rep. Eli Crane’s Proposal Would Do, How It Compares to Existing Law, and What Employers, Workers, and Families Should — and Should Not — Do Right Now By Chris Prescott | PSBP Law | April 27, 2026 READ THIS FIRST. The End H-1B Visa Abuse Act of 2026 is a BILL that has been...